tag:www.dittrichlawoffice.com,2013-03-21:/blog/756272018-01-03T17:10:36ZMovable Type Enterprisetag:www.dittrichlawoffice.com,2018:/blog//75627.30586192018-01-03T17:11:36Z2018-01-03T17:10:36Z
With the start of a new year comes the opportunity for you to make resolutions to change your life in Oakdale for the better. As you contemplate ways to put an end to old habits and develop new ones, the one aspect you do not want to overlook is your end-of-life needs. Though you are in the prime of your life, you might not want to think about when you are old, sick, dying and unable to care for yourself. Because people are living longer, the chances of you living longer than expected are higher.

Your estate plans are more than a list of instructions for your loved ones to distribute your assets. They are documents that give certain legal permissions to individuals you choose to represent you. Here is a brief overview of essential documents you should include in your estate plans.

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General power of attorney

As you get older, you may become more concerned with living your life and less with managing your financial and legal affairs. A general power of attorney allows you to choose an individual to take over those duties for you.

Medical power of attorney

Sickness and serious injury are not always preventable. As you get older, your body loses its ability to recover quickly. You also become more susceptible to trauma, making it harder for you to recover as fast and completely as you expect. There may be times when you are unable to make decisions regarding your medical wants and needs. A medical power of attorney is a document that gives the person you choose the authority to handle all of your medical decisions when you cannot.

Keep in mind that there are other powers of attorney documents you can use to strengthen your estate plans and improve your standard of care and living near the end of your life. You should choose your representatives carefully and review your estate plans often. You might want to speak with an attorney for guidance to ensure that your estate planning documents accurately reflect your wishes.

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tag:www.dittrichlawoffice.com,2017:/blog//75627.27855872017-09-30T07:21:35Z2017-09-30T07:20:35Z
It may seem as if leaving your spouse is one of the hardest you will ever have to make. But there are many decisions in the days ahead regarding your separation. One of them involves choosing to settle your divorce with mediation or litigation.

Many people are so quick to rush down the path to mediation that they fail to realize it is not meant for every divorce situation. Sometimes, it is more beneficial for separating couples to go through the litigation process to ensure a fair outcome. Before you make any further decisions about your divorce circumstances, review the circumstances to help you decide if mediation is right for you.

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Are you able and willing to consider the other party’s needs?

It can be hard for you to sympathize with your ex-spouse’s point of view and needs when you harbor negative feelings for them. In order for you to benefit from mediation, you and your soon-to-be-ex-partner must be willing to work together. You do not need to agree with your ex's perspectives, but you must be willing to consider them.

Is there is a history of violence?

If your spouse abused or mistreated you in any way during your marriage, it may be better for you to consider litigation. Abusive partners are not willing to consider the needs and wants of anyone else unless it benefits them and may resort to aggression and intimidation to get what they want. Trying to take a meditative approach to a divorce where abuse or violence are factors can lead to expensive delays in the separation process. Litigation allows the courts to intervene and take charge of your situation to keep you from being taken advantage of.

Are you hoping to finalize things quickly?

If you are looking for the fastest divorce solution, mediation is not the answer. Couples trying to benefit from meditation must be willing to invest the time to negotiate. Divorce litigation may be the less lengthy choice, because the courts do not need you and your spouse to be amicable towards one another to reach a settlement. Sometimes people start the mediation process to work out their co-parenting issues to reach an arrangement that works best for them. Then they may take a hiatus before resuming negotiations to finalize their divorces.

You may want to use the mediation process to retain control over your situation and smooth things over between you and your soon-to-be ex-spouse. But if there are issues that can affect your safety, peace of mind, rights and settlement, you may want to consider other divorce options.

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tag:www.dittrichlawoffice.com,2017:/blog//75627.27193522017-08-17T19:31:34Z2017-08-17T19:30:34Z
Human beings are social creatures, and that social impulse often motivates us to be influenced by the behaviors of the people around us. You might have heard of the spread of so-called baby fever, which increases as friends coincidentally become pregnant, but you might not be familiar with divorce fever. According to CNN, a recently published study indicates such a thing might exist.

If you have friends who have recently divorced, it certainly is not a death sentence for your own marriage. It may, however, influence your view of separation and allow you to consider it as an option. The following are a few other reasons divorce may seem contagious among friends and family:

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It may normalize

Simply put, seeing your friends go through a divorce may abolish the idea is an unimaginable prospect. It might normalize the experience as one that normal people go through. This is especially true if your friend confides in you and explains why he or she is separating from a spouse. Seeing things from your friend’s perspective can change your own.

Common contributors

People in the same social circles typically have certain things in common. Perhaps you are within a close age range, maybe you have similar levels of education or maybe you work in the same industries. No matter what factors brought you together, it is these circumstances that might commonly contribute to divorce. If specific stress in one marriage precedes a separation, it could affect yours, too.

You might see benefits

It is often imagined that divorce can only cause a person to be morose and regretful. On the contrary, separations are often a cause for celebration among both parties. If you see a friend go through a divorce and come out on the other end happier, healthier and less stressed, you might see the benefits it could offer you, as well.

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tag:www.dittrichlawoffice.com,2017:/blog//75627.25761792017-04-26T16:37:38Z2017-04-26T16:37:50Ztag:www.dittrichlawoffice.com,2017:/blog//75627.25761722017-04-26T16:37:38Z2017-04-26T16:40:42Z
Divorce these days is very different than it was just a generation or two ago. Couples divorcing in the 21st century find themselves facing issues that their parents or grandparents might never have even considered. For example, the majority of today's dissolution cases involve some form of evidence derived from social media, networking sites, email or text messages.

Another area in which the modern-day divorce is quite different from those of the past is the issue of digital and electronic assets. While intangible assets - particularly things like stock portfolios or the goodwill/reputation value of a closely held business - have always been part of divorce property settlement, today there are whole categories of digital, online and wholly electronic properties that must be carefully valued and divided.

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Digital assets abound

Digital and electronic assets run the gamut personally and professionally. If a divorcing couple has their own business, its website, Facebook page, Twitter feed and list of customer email addresses are all potentially valuable electronic assets. These items are a part of the business' overall presence and reputation, and can contribute to lead generation, sales, marketing and retention efforts.

In the more personal arena, things like digital photos and videos, joint social networking and media accounts, mp3 playlists, digital books and magazines (such as those on an e-reader like a Nook or Kindle), airline miles and blogs can all be considered marital property if they were acquired during the marriage or gained value while the couple was wed. As financial assets, they must be included in the couple's marital estate for equitable distribution.

There are even more esoteric and abstract online and digital assets that today's divorcing couples might also need to consider as part of their property settlement negotiations, including:

Custom email addresses

Domain names

Online membership and listed assets in virtual communities or online role-playing games (like World of Warcraft, Second Life and Entopia)

Reward points for online and brick-and-mortar businesses

Digital storefronts (such as those used to sell items on Amazon or eBay)

Digital artwork or collectibles

Virtual currency

Some digital property is transferable, and can easily be apportioned to one party or another during a divorce. Some, however, cannot be transferred because of terms-of-use guidelines on particular websites. For those types of assets, a monetary value must be assigned, and then other marital property assigned to one party in exchange (one party could get the couple's joint Apple playlists and digital media, while the other gets a higher share of stock accounts).

If you have questions about how digital assets could impact your divorce, discuss the issue with your divorce attorney.

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tag:www.dittrichlawoffice.com,2017:/blog//75627.25469262017-04-06T15:11:37Z2017-04-14T17:18:16Z
Ending a marriage is hard enough, but when both parents are concerned about the feelings of their children, the situation can be heartbreaking. If your ex ends up as the custodial parent and you become the noncustodial dad, it will be a rough adjustment for your kids to not see you every day. Fortunately, there are ways you can stay involved and build relationships even as the noncustodial parent.]]>
Constantly communicate

If you get the kids every other weekend and twice during the week, do not let this stop you from reaching out to them whenever you think of them. Simple phone calls, texts and even visits--when arranged with the other parent--can show your kids that you will remain as involved as possible with them.

Deal with your own anger and emotion

As you encourage your kids to process and share their emotions about the divorce, your actions will speak louder than your words. If you successfully deal with your emotions tied to the divorce, you are more likely to have a comfortable, positive relationship with the other parent who has the kids daily. This means more time with your kids when you want it, regardless of what your decree says.

Take opportunities to be involved in day-to-day life

Do not fall into the trap of being "Disneyland Dad" where your kids expect nothing but fun, games and late nights when they are with you. Keep your expectations consistent from house to house, and volunteer to get involved with your kids daily. Offer to help in their classes, coach their soccer teams or even take them when your ex goes out.

Never badmouth mom

Your kids love you and they love their mother. Whenever one of you speaks badly of the other, they feel conflicted and confused. Keep any angry comments for those who are neutral to the situation, and do not lay your own frustration at your children's feet.

One part of maintaining a relationship with your kids after divorce is ensuring that you have a solid arrangement from the beginning. If you are considering a divorce and want to make sure you have access to your kids when you want it, we encourage you to visit with an attorney.

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tag:www.dittrichlawoffice.com,2017:/blog//75627.24625872017-02-10T20:20:34Z2017-02-10T20:22:08Z
Social media has become an amazing way for you to reconnect with old friends, stay in touch with those who live far away and make new ones. During your divorce, social media can be as bad as it can be good if you are not careful. Always remember that once it is on the internet, it is there forever, and you should be careful what you post, particularly during divorce. The following checklist can help you determine if you should post something online, simply wait out the emotions or talk about them to someone in person.]]>
Is it true?

It is easy to hit share or comment on something that expresses your feelings, but if it is not true, it should not be spread. Never make false accusations or claims on social media that you cannot back up with facts. Always check your sources before posting, and keep the private parts of your divorce just that: private.

Would your mother approve?

It may seem old-fashioned, but if your mom or grandma would not approve of what you are about to say, it is a good sign that you should hold off. Before you post something, always think of the backlash that may come from attacking someone else online. Even when you are right, you may look unstable if you are constantly ranting online.

Do you want it to be recorded forever?

Posts can be taken down and pictures can be removed, but once it is on the internet, there is a record of it forever. These records can be found, printed off and used against you in court if necessary. During a divorce, you need every bit of help you can get, and posting the wrong things may seriously set your case back. If you do not want it to be available forever, say it to someone in person.

Does it match who you want to be?

If the court needs to evaluate your reputation and character during your divorce case, how do your social media accounts make you look? The judge may need to make a credibility call, and you never want yours to be in question.

Do you need a break?

When all else fails and you are not sure if you should post something, take a break from the emotion and come back to it later. Chances are good the emotions will be muted and you will not want to post. If you have questions about how to handle your social media accounts during a divorce, consult a lawyer today.

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tag:dlfomn.firmsitepreview.com,2017:/blog//75627.24473972017-01-09T15:29:23Z2017-02-03T17:43:14Z
If you are ready to grow your family and have chosen adoption as the method to do so, remember that there is no one-size-fits-all approach to this life-changing event. As you await the arrival of your new daughter or son, it's important that all the rules are followed and all details are addressed. Many adoptive parents make mistakes that can delay the adoption or even put it at risk without realizing what they are doing. The following are adoption mistakes that any potential adoptive family wants to avoid.]]>
1. Averse to age

If you are only looking for a small child under the age of two, your options may be limited when it comes time to adopt. You can broaden your potential adoptive pool and be more likely to find your child faster when you aren't averse to any age.

2. Failing to do your homework

Adoption is not a simple process, and there are many variables that affect the outcome. You should always know before you start how long the process can take, what the potential costs are, what paperwork you will be expected to file or produce, and what the health history of the birth mother and your potential child contains. If you don't do your homework and find at the last minute that you lack the funds to complete the adoption, your family may be left heartbroken.

3. Not "selling" your family

When you are creating an adoption profile, you'll include biographical details about your family. These pieces of information are important, but remember that this is your chance to really market your family and show a birth mother or father exactly why you are the best choice to place his or her child. Directly address the needs of the birth parents with information they really want to hear about how you plan to raise the child and meet her or his needs over time.

4. Gender specificity

If you only want a girl or only want a boy, the adoption process can be slowed down significantly. Typically, there are more boys available for adoption than girls, and requesting a girl can mean you don't have the opportunity to adopt at all. Keep your mind open to adopting both genders.

5. Not getting professional help

This is a big, overwhelming change for your family, but ultimately one that may lead to happiness and joy for a lifetime. As you navigate the complicated waters of adoption, you might benefit from having the advice of a professional to help you make the right choices. An attorney may be able to answer any questions you have and lead you in the right direction.

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tag:dlfomn.firmsitepreview.com,2017:/blog//75627.24473962017-01-09T15:26:31Z2017-02-03T17:43:14Z
Divorce can be hard on everyone involved, from children and spouses to extended family and friends. It doesn't matter if the divorce is friendly or full of tension, the devastating changes can be the same. What many may not realize is that divorce affects both your physical and mental health, and caring for yourself mentally, physically, emotionally and spiritually is vital to getting through the process as unscathed as possible. The following are some effects of divorce that you may not be prepared for.]]>
Anxiety and depression

The end of a marriage is rarely something that makes you feel happy, and you may face anxiety about what the future holds or where you will end up. It's also difficult to think of facing the world without a companion on your side. The uncertainty, insecurity and changes in lifestyle, job and home can cause significant amounts of anxiety in even the most mild-tempered person.

Changes in weight

When some people are upset, they turn to food to numb the pain. Others may completely stop eating when they are depressed or facing change. Either way, drastic weight changes can be a serious effect of divorce or separation. Whether you eat more or less when you are stressed, changes in weight can increase anxiety and depression.

Heart disease

Studies suggest that both men and women are more likely to develop cardiovascular disease if they have been through a divorce, which is not the case for people of the same age that remain married. Women may have higher levels of inflammation during divorce because of stress, leading to frequent occurrences of heart disease in women. Because women tend to stay single longer and take larger financial hits, they may face more stress during a divorce.

Trouble sleeping

Going through a divorce may affect every area of your life, and your sleep is no exception. Divorcees may experience a significant disruption in their sleep patterns or have nightmares that cause them to frequently wake up. Insomnia is also common for those who deal with depression, which is a serious side effect of divorce.

Alcohol or drug abuse

Divorce can be almost impossible to cope with for some people. Many turn to alcohol, drugs or cigarettes to cope with feelings of anxiousness, depression and loneliness. Men are more likely to develop a substance abuse problem after divorce because they may attempt to ignore or numb the pain that comes from ending a marriage.

While a divorce is a serious process that can cause great changes in your life, there are ways to minimize the negative effects . If you are seeking a divorce, an attorney may be able to answer any questions you have about the process.

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tag:dlfomn.firmsitepreview.com,2016:/blog//75627.24473952016-12-05T20:12:09Z2017-02-03T17:43:14Z
Coping with a divorce is no doubt a difficult challenge that can be compared to grieving a death. No matter how long the marriage was, how old you are or how well the situation was handled, it's going to be tough. While separating from your spouse is difficult, surviving it is possible. Here are some tips on how to emotionally manage your divorce and put your happiness first.]]>
1. Get a support network

Weathering the emotional storm of divorce is best accomplished when people who support you are by your side. Support networks look different for everyone. Some people will rely on a single close friend, while others will seek out group therapy. Simply reconnecting with friends who you have drifted from can help. Do not isolate yourself during this difficult time.

2. Prioritize personal time

One of the most helpful things you can do to take your mind off the pain is making time for yourself. Whether you take up a new craft or enroll in a yoga class, carving out some personal time throughout your recovery will help you refocus on your happiness. New hobbies can include learning a new language, taking on a passion project or learning an instrument. Scheduling daily activities such as taking a hot bath, going for a walk or reading a favorite book can help get your mind off things.

3. Get professional help

As noted above, getting support is crucial to healing from your divorce. Sometimes a group of friends doesn't cut it and people need outside help. You might feel weak that you need to seek professional help, but that is not true. Attempting to go it alone when you need an assist will only make things worse. Consider finding a counselor who can help guide you through the healing process.

4. Get a lawyer

Coming out of a painful divorce can leave some people to hesitate about getting legal advice. Even if you hope the split was amicable, don't neglect legal counsel. Divorce can bring out the worst in people. You do not want to experience unforeseen circumstances without the assistance of a lawyer.

While it might feel like the distress will never end, the truth is that this will all be over someday. Nothing will suddenly ease your pain, but taking the right steps can help make the process less overwhelming. Contacting an attorney for help with your divorce is one of the best things you can do to prepare yourself for whatever circumstances may arise from the separation.

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tag:dlfomn.firmsitepreview.com,2016:/blog//75627.24473942016-11-10T16:48:25Z2017-02-03T17:43:14Z
While a divorce can wreak havoc on the physical, mental and emotional health of the spouses involved, it can be particularly difficult if children are involved. Divorce is rarely an easy process, and finding a way to parent successfully after separation can be stressful, frustrating and painful for children and parents. A successful parenting plan can help to minimize the bad feelings and misunderstandings, and guarantee that children have stable parents to rely on despite their changing family situation. Before parents can create a successful parenting plan, they must understand what elements should be involved.]]>
Time schedules for parenting

Many misunderstandings occur when it comes to holidays and special occasions for parenting. While specific custodial agreements may be reached in your divorce, it's important that your children understand where they will be and when. In your parenting plan, include information about where your children will spend those important days, and find ways to include both parents when they are wanted or needed.

Payment for extra expenses

The custodial parent may receive child support from the non-custodial parent, but extra expenses aren't always covered in these agreements. Things like vacations, extracurricular activities or gifts may be left out of the child support plan if there is no agreement about who is required to pay for these things. Include these items in your parenting plan.

Communication for parents

If the parents can't speak to each other without escalating and fighting, there may be better ways to communicate when dropping children off or picking them up. Determine if phone, text, email or some other type of communication is best for you and your ex. This protects your children from having to deal with situations that upset them.

Rules for both homes

If children are moved from one home to another on a regular basis, it can be difficult to adhere to different sets of rules in each house. If parents are interested in making it easy on the kids, it's beneficial to include rules that apply to both homes in your parenting plan. This means that you and the other parent are on the same page about what to expect from the children and what rules are important to both of you.

Resolving parental disputes

Inevitably there will be times when parental disputes regarding the children will arise, and in your parenting plan, there should be a procedure for how to deal with these situation. You may choose to use a mediator or other nonbiased individual to help you settle these disputes.

A parenting plan is vital to keeping your children happy and healthy after a divorce. An attorney may be able to answer questions about a parenting plan and what is important to include in it.

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tag:dlfomn.firmsitepreview.com,2016:/blog//75627.24473932016-10-31T21:56:27Z2017-02-03T17:43:14Z
Adopting a child is an exciting and monumental time for your family. You are going to be bringing a new child into your home, and you will be enjoying all of the milestones that come along with new parenthood. However, navigating through the complexities of adoption can be challenging, and it's important to work with a reputable agency as well as an attorney who specializes in family law.

This is particularly important when it comes to finalizing an international adoption, as there is a lot that needs to be considered and completed when bringing your child to his or her new home in the United States.

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International adoption and citizenship

It might come as a surprise to many families who are considering international adoption, but United States citizenship was not automatic for children who were adopted by American parents decades ago. In fact, some of the children who were adopted from other countries by American parents never did become citizens of the United States, largely because their parents never completed the proper paperwork at the time of their adoption.

It wasn't until the year 2000 that citizenship was automatically granted to children who were adopted by American parents. Not only did The Child Citizenship Act of 2000 provide automatic citizenship for all children who were adopted by United States citizens in the future, but it also retroactively gave citizenship to all adopted children who were under the age of 18.

What to know about the Adoptee Citizenship Act

The Child Citizenship Act of 2000 certainly did a lot to fix the issues surrounding citizenship and international adoptions, but it also left behind a significant number of adult adoptees who never became citizens after their adoptions. For example, according to an article in the Washington Post, a South Korean man was adopted at the age of 3 by American parents, and never returned to his home country. However, the people who adopted him did not apply for citizenship and finalize his paperwork, so he never became a full citizen. His sad story included time in the foster care system, as well as a subsequent adoption where he was abused along with his siblings. His troubling childhood led him to a life of crime, which was revealed at the time that he applied for a green card in 2012. His criminal history ultimately led to deportation proceedings, since he was not a United States citizen. Despite the fact that he was a 41-year-old stay-at-home dad, he was sent to an Immigration Detention Center where he awaited deportation to his home country - that had never really been his home. This man was left to live without his family in a foreign land, simply because his adoptive parents did not follow the proper guidelines after finalizing their international adoption.

Cases like this are why Congress considered passing Adoptee Citizenship Act. This law would finally grant citizenship to all adoptees - whether they are minors or adults - who have been adopted by United States citizens. The goal is to prevent unfortunate and tragic situations like this from occurring in the future.

However, this law has not yet passed, and regardless, it is pivotal that you work with a family law attorney who can help you understand the issues you will face. Whether you are just considering the possibility of adopting a child from another country, or you have been involved in the process for a while now, it's never too late to get the right legal team on your side.

You will want to work with an attorney who will advocate for you, for your child and for your new family. Ultimately, you will want to make sure that everything is done correctly and all paperwork is properly filed, so that when the adoption process is complete and finalized, you can simply enjoy life as a family. Adoption is not only a dream come true for your child, but it's a dream come true for you, as well. Don't let a legal mistake extinguish that dream.

Work with a qualified Twin Cities family law attorney tol guide you through this process, and rest easy knowing that you will be able to bring your child home to the United States soon - as a full and legal citizen of this country.

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tag:dlfomn.firmsitepreview.com,2016:/blog//75627.24473722016-10-03T12:03:52Z2017-02-03T17:43:14Z
Even when both parties are amenable, divorce can take people through a full range of emotions. There will be legal and financial issues involved that few people fully expect to encounter.

Financial uncertainty is one of the most significant concerns, often leading people to try to cut costs in any way they can. One way is to serve the divorce papers themselves, rather than hiring an attorney right away. In Minnesota, it is more complicated than many people think and it's not a good idea. This blog post will explain some of the drawbacks.

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Organization is key

Although legal costs can take a toll on your finances, hiring an experienced attorney may actually save money in the end. Lawyers understand the process and timelines for getting specific matters taken care of in the most expedient way. Remember, in Minnesota, marriage is a legal contract between parties. Divorce is the legal steps that must be taken through the courts to dissolve the contractual arrangement. There will be no avoiding dealing with the court at one level or another. Each time you have to back up and start over, there will be court costs involved.

Minnesota is a no-fault divorce state. No matter what reasons a party may have for serving papers on the other spouse, the courts will give each party their day in court.

The average person has little knowledge of the paperwork the court requires. There will be several forms that must be completed and filed, with information that must be compiled correctly and submitted according to a specific process.

This may seem straight forward and something that anyone can do fairly easily. However, there will be time requirements involved, which often require getting paperwork into the right clerk's hands during courtroom business hours. Once the summons has been date stamped and issued by the clerk of court, the clock begins to tick on how long the process allows.

Failing to have the papers served in a timely manner is one of the common mistakes people make when trying to handle this step without a divorce lawyer in Minnesota. There is no room for error and not adhering to the court deadlines could lead to the withdrawal of the summons. You will have to start the process over again, with additional court costs. An attorney will take care of the process on your behalf, while you are at work.

It's not easy

Like other states, you will not be allowed to serve the divorce papers yourself in Minnesota. (The court does not allow parties associated with the case to serve the papers in any civil litigation matter.) While some local sherriff's departments my try to help, don't count on a full-out effort, as their focus will be on law enforcement, not civil litigation. You can expect to pay a fee for the service, as well.

Your other option is to take the summons to the process server of your choice, and have them serve on your behalf. If your spouse chooses to be difficult, you may find that your process server will have to make multiple attempts to serve the papers, each with a fee attached, unless you pay a higher price on a flat-fee basis.

If your process server is able to serve your spouse, they will then have to have them sign a proof of service document. You need to understand services like FedEx, the United States Postal Service and UPS where you can request a return receipt are not viable options in regards to proof of service.

Hire an attorney to avoid unnecessary costs and delays

By hiring a Minnesota divorce lawyer, you will have confidence that every detail will be handled correctly and on time. Divorce lawyers work with the courts and process servers on a daily basis. You can turn every detail over to the law firm without having to worry about taking time off work, meeting deadlines and other restrictions, acquiring the necessary signatures and keeping careful records. Your attorney's interests are your interests. There is little or no room for error in the divorce summons process. It is rarely worth the few dollars saved to take a chance on trying to process your spouse on your own.

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tag:dlfomn.firmsitepreview.com,2016:/blog//75627.24473712016-09-01T14:50:49Z2017-02-03T17:43:14Z
There are many people who will tell you that walking into a courtroom for any reason is one of the most unpleasant experiences they have ever faced; but people who appear in family court quickly find that the experience is much different than any other courtroom experience. In a family law proceeding, things can get extremely personal very quickly. In divorce and custody litigation, you have to be prepared not just for a counter attack, but also for a healthy dose of accusations to be hurled at you.]]>
Domestic abuse cases - parties are separate but still equal

It may help to remember that in family court, there is the presumption that the contesting parties are equal and are law abiding people who are disagreeing over a family matter. In proceedings where there are accusations or even evidence of domestic violence in the form of visible bruises and medical documentation, the victim has to prove his or her case against the party that caused the injuries. Often times, people who find themselves in these situations will head into court and levy the strongest case they can against their abuser, without fully understanding that criminal courts have the power to protect victims from violent offenses, but the family court system does not.

Understanding the role of judicial discretion in family court

Judges in the family court system have a huge role to play as they take on the role of case manager or fact finder, which give them the sole discretion of determining what evidence will be allowed; how that evidence is to be considered (by himself and the jury); and what, if any, remedies could be applied to reach a resolution. Remember, the judge always has the power to decide on every legal matter throughout the proceeding, including doing nothing at all. It behooves anyone appearing before family court to understand all of the elements of their case.

Don't go it alone

If you are facing a divorce proceeding or a custody battle in a Minnesota family law court, it is extremely important to retain qualified legal counsel, experienced in the practice of family law.

Here are some issues your attorney will be addressing:

Review and study the elements of your case and prepare it in such a way that the judge is not left to make a decision regarding a settlement in your case. Ideally settlements should be made between the two parties, and generally judges will approve any reasonable settlement that he or she is presented with.

Handle situations where a consensual special master (CSM) is introduced. Often times family law attorneys prefer to use CSM's because they make the decision regarding who exercises discretion. The cost associated with the use of CSM's are considerably lower because CSM's can arrange methods of trials that can be set on a reliable date, and much sooner than traditional methods.

Not inject personal feelings and emotions into the case, which will allow for reasonability and positive forward moving cooperation with the attorney on the other side.

Knowledge of the rules relating to evidence and procedure.

Understanding the art of summarization, presenting the court with precise issues limiting the presiding judge's ability to focus on issues outside of the ones presented.

Family court can be an intimidating and downright scary place if you don't have a full understanding of the rules relating to its procedures. One of the most important things that you can do in preparation for your family court appearance is to make sure that you select an experienced Minnesota family law attorney that you are comfortable with. The relationship that you build with your attorney can have a major impact on the outcome of your case.

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tag:dlfomn.firmsitepreview.com,2016:/blog//75627.24473702016-07-12T12:56:05Z2017-02-03T17:43:14Z
For years, marital liens against the value of the couple's primary residence were a common sight in property settlements in divorce. Also referred to as homestead liens, spousal liens or equitable liens, divorce lawyers in Minnesota often encouraged their clients to accept the lien based on the ever-increasing value of the property, particularly in the Twin Cities metropolitan area.]]>
What is a marital lien?

Under Minnesota's no-fault marital property laws, all property, financial assets and debt accumulated over the course of the marriage is subject to valuation and equitable distribution between the spouses. Equity in the family home, however, is often among the couple's most valuable assets and, therefore, skews the valuation numbers heavily in favor of the party who receives title. This is particularly the case if the mortgage has been paid in full. In short, if one party receives title to the house, the other party might argue that all other assets could equal the current and future equity.

It's the future equity that becomes the issue

In addition, throughout the '80s, 90s and early 00s, house values in some areas of Minnesota often rose at a hefty 7 percent or more per year. The party receiving title to the house stood to gain signficantly when eventually selling.

As a means of leveling the valuation playing field and avoid making the parties sell the house, marital liens were devised as a means to make sure that both parties benefited from the increasing equity in the the home. With a Minnesota spousal lien in place, the non-titled party could consider the proceeds from the eventual house sale as part of the equitable property settlement. (In most cases, there is a statute of limitations of 15 years written into the agreement.)

Then came the Great Recession

However, spousal liens in Minnesota fell out of favor among Minnesota divorce attorneys and family law judges when the housing bubble burst in 2008. Suddenly, divorced spouses who had received the house (and mortgage) as part of the settlement were losing jobs and forfeiting the house to bank foreclosure. Non-titled spouses began seeing their original "equitable" distribution suddenly become far less than equitable. Attorneys representing clients in divorce in Minnesota began advising against marital liens as part of the property settlement.

They're back

Now that housing values in the Twin Cities and across Minnesota are beginning to rebound, equitable liens are making a comeback. Experienced divorce lawyers in Minnesota have learned their lessons after seeing their clients take financial hits over the past several years. There are now specifics clauses and considerations that should be included to protect their clients' rights if a marital lien is going to be included in the settlement.

When talking to your lawyer about your Minnesota property settlement, make sure you discuss - and fully understand - whether an equitable lien against the future value of your home is worth considering as part of your fair and equitable distribution of marital property.